Skip to content

Judicial Watch • Jw v Dhs Complaint 04292011

Jw v Dhs Complaint 04292011

Jw v Dhs Complaint 04292011

Page 1: Jw v Dhs Complaint 04292011


Number of Pages:4

Date Created:May 13, 2011

Date Uploaded to the Library:February 20, 2014

Tags:04292011, complaint, DHS

File Scanned for Malware

Donate now to keep these documents public!

  • demand_answers

See Generated Text   ˅

Autogenerated text from PDF


Plaintiff Judicial Watch, .Inc. brings this action against Defendant United States 
Department Homeland Security compel compliance with the Freedom Information Act, U.S.C.  552 ("FOIA"). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE The Court has jurisdiction over this action pursuant .S.C.  552(a)( 4)(B) and u.s.c.  1331.  Venue proper this district pursuant U.S.C.  1391(e).  
PARTIES  Plaintiff non-profit, educational foundation organized under the laws the  

District Columbia and having its principal place business 425 Third Street, S.W., Suite 
800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and 
425 Third Street, S.W., Suite 800 Washington, 20024, 
601 South 12th Street 
Arlington, 22202, 
Defendant.  Case: 11-cv-00804  Assigned To: Wilkins, Robert  Assign. Date: 4/29/2011  Description: FOIA/Privacy Act  

accountability government and fidelity lhe rule law. furtherance its public interest 
mission: Plaintiffregularly requests access the public records federal, state, and local 
government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the United States Government and headquartered 
United States Department Ifomcland Security, 601 South 12th Street, Arlington, 22202. 
Defendant has possession, custody: and control records which Plaintiff seeks access. 
STATEMENT FACTS February 2011, Plaintiff sent FOIA request U.S. Citizenship and 
Immigration Services, component Defendant, seeking access the following: 
Any and all correspondence (including, but not limited email) between 
USCIS Director Alejandro Mayorkas and David Shahoulian, from December 2010 through February 2011. Fulfillment this requei 
should include any emails exchanged between Mayorkas and Shahoulian 
via their respective personal accounts where such personal email mentions refers any way agency regulations policy issues any kind, inc luding 
the planning sch eduling meetings discuss agency regulations policy 
issues any kind. 
Defendant acknowledged receipt Plaintiff's FOIA request letter dated 
Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 

February 23, 2011. 
Plaintifrs FOIA request within twenty (20) working days March 23, 2011. the date this Complaint, Defendant has failed produce any records 
responsive the request demonstrate that responsjvc records are exempt from production. Nor has indicated whether when any responsive records wjl} produced. short, other 
than acknowledge receipt the request, Defendant has failed respond the request any 
manner. Because Defendant failed comply with the time limit set fo1th U.S.C.  
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with 
respect its FOIA request, pursuant U.S.C.  552(a)(6)(C). 
(Violation FOIA, U.S.C.  552) 
Plaintiff realleges paragraphs through fully stated herein. 

Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 
12. Plaintiff being irreparably harmed reason ofDcfcndanfs unlawful 
withholding requcsted records, and Plaintiff will continue irreparably banned unless 
Defendant compelled conform its conduct the requirements the law. 
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant 
conduct search for any and all responsive records Plaintiff's FOIA request and demonstrate 
that employed search methods reasonably likely lead the discovery records responsive 
Plaintiffls FOIA request; (2) order Defendant produce, date certain, any and all non-exempt 
records responsive Plaintiff's FOIA request and Vaughn index any responsive records 
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all 
non-exempt records responsive Plaintiff's FOIA request; (4) grant Plaintiffan award 
attorneys' fees and other litigation costs reasonably incurred this action pursuant U.S.C.  
552(a)( 4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper. 

Dated: April 29, 2011 Respectfully submitted, 
D.C. Bar No. 429716 

David Rothstein 
D.C. Bar No. 450035 

425 Third Street, S.W., Suite 800 
Washington, 20024 

(202) 646-51 

Attorneys for Plaintiff